Dismissed With Prejudice Plaintiff Threatens to Sue Again
The vast majority of personal injury lawsuits filed in the United States involve legitimate claims and are the issue of honest disagreements. But every year, a handful of lawsuits get filed that are plain ridiculous.
Let's take a quick await at what frivolous lawsuits are, why they're filed, and whether there are any repercussions.
What's a frivolous lawsuit?
A frivolous lawsuit is a lawsuit that has no legal merit. To put it just, a frivolous lawsuit has no basis in police or fact.
A frivolous lawsuit has no legitimate legal or factual back up. 
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Ridiculous, cool, ludicrous, and nonsensical—these are all words that can be used to describe a frivolous lawsuit. But, frivolous lawsuits are maybe best understood by looking at a few real-life examples.
Overton v. Anheuser-Busch Co., Michigan Courtroom of Appeals (1993)
In 1993, Richard Overton sued Anheuser-Busch for simulated advertising subsequently he drank a 6-pack of Bud Low-cal and the beer failed to produce visions of beautiful women on a sandy beach (as the advertisement he had seen seemed to suggest). He sought $10,000 in amercement, claiming that Bud Lite's deceptive marketing caused him emotional distress.
The trial courtroom threw out the frivolous lawsuit and the determination was upheld by the Michigan Court of Appeals.
Pearson 5. Chung, Superior Court of the District of Columbia (2005)
Roy Pearson took a pair of pants to a local dry cleaners for alterations. The dry cleaners inadvertently sent the pants to the wrong location. Though the pants were quickly recovered and returned to Pearson, he claimed the pants didn't belong to him (despite documentation provided showing otherwise). Pearson then sued the owners of the dry out cleaners for $67 one thousand thousand in damages. Making this instance even more bizarre, Pearson was actually an administrative law judge at the time of the lawsuit.
Unsurprisingly, the superior court approximate ruled in favor of the dry cleaners.
Rosenberg five. Google Co., Utah District Court (2009)
In 2009, Lauren Rosenberg sued Google for more than $100,000. The basis of her lawsuit was that Google Maps advised her to walk along a freeway to get to her destination. Despite the directions being conspicuously wrong (or at least dangerous), she followed the directions precisely and was hitting by a auto.
The district court granted Google'southward move to dismiss the frivolous lawsuit.
Interestingly, the famous case well-nigh oft cited every bit an example of a "frivolous lawsuit," wasn't frivolous at all.
McDonald'south hot coffee lawsuit
In Liebeck v. McDonald'south Restaurants, Stella Liebeck sued McDonald's after spilling a cup of hot java in her lap. For people who didn't hear anything more about the case, they chalked the lawsuit up as another example of out-of-control litigation.
Merely in reality, there was much more than to the case.
Stella sustained incredibly gruesome 3rd-degree burns on her legs, lap, and groin. (Don't believe it? Run a search for "Stella Liebeck burn photos.")
What'due south more, McDonald'due south had already received over 700 complaints about their scalding hot coffee, simply they decided to continue serving their java more than than twoscore degrees college than nigh restaurants. Finally, before suing McDonald's, Stella attempted to settle the thing for a mere $800. McDonald's refused.
Ultimately, the jury awarded Stella $ii.7 meg in damages.
Why are frivolous lawsuits filed?
Sadly, frivolous lawsuits are sometimes filed by plaintiffs who are suffering from a mental disease. Merely in nearly cases, frivolous lawsuits are filed for purposes of:
- Harassing the defendant. Being sued is incredibly frustrating. Even if the instance is meritless, the defendant has to expend time, energy, and fiscal resources to take the case dismissed. What's more, the defendant'southward reputation might be tarnished if people hear about the lawsuit and assume it's legitimate. For these reasons, frivolous lawsuits are often used by plaintiffs as a way to harass defendants.
- Generating media attention. Sometimes lawsuits are filed for no other reason than to generate fizz. Generally, these lawsuits are filed by advocacy groups who wish to bring attention to an effect.
Are in that location any consequences for filing a frivolous lawsuit?
Most courts are overwhelmed past legitimate lawsuits. For this reason, judges find it specially frustrating when a frivolous lawsuit is filed. Fortunately, judges accept the say-so to sanction lawyers and fine plaintiffs who file frivolous lawsuits.
What's more than, a accused in a frivolous lawsuits can turn effectually and sue the plaintiff for malicious prosecution. A claim for malicious prosecution is a tort action, and damages include the costs of having to defend against the groundless lawsuit.
Have you had an feel with a frivolous lawsuit? Share your story below.
Source: https://www.enjuris.com/blog/questions/frivolous-lawsuits/
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